My father in law passed and his estate was divided into three shares. My husband holds 40% his younger sister holds 40% and his older sister (who is not biological to his father) holds 20%. When he passed my older sister in law took it upon herself to become trustee. Now she is trying to force my husband to sell her his portion of the estate or she will sell it all. Is there anyway we can stop her since we live out of state and currently trying to make it back to where the estate is being handled?
Answer
In what state is the estate administration being handled? This is the state where you will need to ask the question as these matters are generally governed by the applicable state law. I could advise based on California law, but that would be of little value.
Answer
Assuming you are talking about jointly owned real property located in California, then under most circumstances, any of the owners can force a sale in an action for partition.
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